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Ordinance GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
1III 11111111II 111111111111111 I111111DIII1III111IIIII 11111III11111I111
RETURN ADDRESS:
City of Spokane Valley
Attn: City Clerk
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Cover Sheet
Document Title:
CITY OF SPOKANE VALLEY ORDINANCE 06-018 FOR STREET VACATION(STV-01-06)
File Number(s) of Related Documents:
Ordinance 06-018
STV-01-06
Grantor:
1. City of Spokane Valley
2.
Grantee(s):
1. Wireless Connections, LLC
2.
Le2a1 Description:
Quarter SW 'A of the SE 1/a Section 10 Township 25 Range 44
(See Section 2 of Ordinance 06-18 for legal description)
All Assessor's Tax Parcel ID Number(s):
N/A
•
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.06-018
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON,PROVIDING FOR
THE VACATION OF OLD INDIANA AVENUE BETWEEN PARCEL NO.45104.9020 TO THE
NORTH AND PARCEL NOS.45104.9036 AND 45104.9034 TO THE SOUTH AND PROVIDING
FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS,the City Council by Resolution 06-006 initiated vacation proceedings for a portion
of(approximately 90'x 165')Old Indiana Avenue located north of Interstate 90 and south of Indiana
Avenue(STV-01-06)by providing that a hearing on the proposal would be held before the Planning
Commission on the 25th day of May,2006.;and
WHEREAS, the Planning Commission held a public hearing on May 25, 2006 and continued the
public hearing to June 22,2006 on the proposed vacation; and
WHEREAS, following a hearing, the Planning Commission found that the notice and hearing
requirements of Title 10 Article IX Section 10.09.04.10 of the Spokane Valley Municipal Code have been
met,and further found that:
1. The vacation of the street/alley will permit full development of the property for beneficial
uses and permit appropriate levels of maintenance, serving the public interest.
2. The three (3) existing parcels abutting the proposed right-of-way vacation area all have
access onto Old Indiana Avenue.
3. A twenty (20) foot easement will be reserved for Consolidated Irrigation District. Other
easements will also be required for existing or future utilities including Washington State
Department of Transportation, Spokane County Utilities Division, Avista, Comcast, and
Qwest. The locations of these easements are a requirement of the record of survey.
4. The Public Works Department submitted comments which analyzed the need of Old Indiana
Avenue for future use and responded by specifying the requested portion is no longer
required for public use or public access subject to recommended conditions.
5. Given the present age and condition of adjacent development, it is unlikely that conditions
will change in the future to provide a greater use or need than presently exists; and
6. No objections have been received to the proposed vacation from the notice of public hearing
and/or routing to staff and agencies; and
WHEREAS, the Planning Commission findings and/or minutes have been filed with the City
Clerk as part of the public record supporting the vacation; and
WHEREAS, none of the property owners abutting the property to be vacated filed a written
objection to the proposed vacation with the City Clerk;and
WHEREAS, through adopted City Code provisions, the City shall provide that the vacated
property be transferred to the abutting property owners, one-half to each, unless circumstances require a
different division of property; that the zoning district designation of the properties adjoining each side of
the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of
Ordinance 06-018 Street Vacation STV 01-06 Page 1 of 4
Community Development; and that all direct and indirect costs of title transfer to the vacated street be
paid by the proponent or recipient of the transferred property;and
WHEREAS, the City Council desires to vacate the above street pursuant to Spokane Valley
Municipal Code Sections 10.05.220- .380.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Findings of Fact. The City Council makes the following findings of fact: (1)the
City Department of Public Works has reviewed the right-of-way to be vacated and determined that the
property adjacent to the vacated property is otherwise served by public or private access; (2) a public
hearing on the proposed vacation has been held in accordance with State Law and City Code before the
Planning Commission with the record of such hearing and proceedings filed with the City Clerk; (3) one
(1)written comment was received by an abutting property owner to Parcel No. 45104.9036 (not abutting
right-of-way to be vacated) requesting the Planning Commission continue the public hearing to allow
more time to comment on action. The comment is filed with the City Clerk; and(4)vacation of the street
or alley serves the public interest.
Section 2. Property to be Vacated. Based upon the above findings and in accordance with
this Ordinance, the City Council does hereby vacate the street or alley described on the attached Exhibit
"A"which is incorporated herein by reference.
Section 3. Zoning. The Zoning designation for the vacated property shall be the designation
attached to the adjoining properties as set forth within the respective property or lot lines. The Director of
Community Development is authorized to make this notation on the official Zoning Map of the City.
Section 4. Conditions of Vacation. The following conditions shall be fully satisfied prior to
the transfer of title by the City.
a) A record of survey prepared by a registered surveyor in the State of Washington and
including an exact metes and bounds legal description and specifying if applicable any and all
easements for construction, repair and maintenance of existing and future utilities and
services. The record of survey shall contain the professional stamp and signature of the
registered surveyor and should be filed upon completion with the Spokane County Auditor.
The surveyor shall provide the City of Spokane Valley with a mylar copy of the recorded
survey and the Auditor's Document Number and date of recordation; and
b) The surveyor shall locate at least two monuments on the centerline of the vacated right-of-
way with one located at the intersection of the centerline of the vacated right-of-way with
each street or right-of-way in accordance with the standards established by the Spokane
County Standards for Road and Sewer Construction;and
c) All necessary easements required by Consolidated Irrigation District, Washington State
Department of Transportation, Spokane County Division of Utilities, Avista, Quest and
Comcast shall be shown on the record of survey and written documentation from all utility
companies is required to be submitted to the Community Development Director, or designee
verifying all easements have been indicated;and
d) Access to Parcel Nos.45104.9020,45104.9034 &45104.9036 shall only be from Old Indiana
Avenue. No access is granted to the improved 5-lane Indiana Avenue for the above parcels;
and
Ordinance 06-018 Street Vacation STV 01-06 Page 2 of 4
e) Payment of all direct and indirect costs of title transfer of the vacated street or alley from
public to private ownership including but not limited to title company charges, copying fees,
and recording fees; and
f) The applicable zoning district designations, Community Business (B-2) zoning abutting
parcel number 45104.9020 and Light Industrial (I-2) zoning abutting parcel numbers
45104.9036 and 45104.9034 shall be automatically extended to the center of such vacation,
and all area included in the vacation shall then and henceforth be subject to all regulations of
the extended districts.
Section 5. Closing. Following satisfaction of the above conditions, the City Clerk shall
record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is
authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the
transfer of the property identified herein.
Section 6. Severability. If any section,sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section 7. Effective Date. This Ordinance shall be in full force and effect five(5)days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane
Valley as provided by law.
PASSED by the City Council this 8th day of August, 2006. R /)
Q-Mi‘ok:ex VJLX,kz
Mayor,Diana Wilhite
• ,4 ST:
r : Jr'
ity Clerk,Christine Bainbridge
Approved As To Form:
O ice of the City Attorney
Date of Publication: 08-18-0
Effective Date: 08-23-06
Ordinance 06-018 Street Vacation STV 01-06 Page 3 of 4
Exhibit"A"
Property Description
/1/
ISMSTV-01-06 I
4
Ordinance 06-018 Street Vacation STV 01-06 Page 4 of 4